Summary

Does the US Civil Justice allow its doors to open too easily?

Analysis

Since the Constitution was drafted the use of the justice system started a flow into the basic aspects of redress! Unfortunately, what was supposed to be an avenue of justice lead to plain old abuse!  Like with many systems, there are always a few who spoil it for the many, but here there is a clear trail the many spoiling it for the few.  It takes longer and longer to get your case to trial & it has become increasing cost prohibitive! There are so many needless & baseless cases in the system just clogging it to an almost standstill. Sanctions are rarely entered to stop this frivolous train & the tail of the pot of gold by some plaintiffs lawyers are prodding the questionable claims right into the river!  Some blame the lawyers entirely for sheering the unsuspecting, but clearly some responsibility is to those that sign the initial complaint.  People, whether those with legal background or not, have to be held accountable for their own actions & at times tilting at windmills! Getting rid of all the lawyers is not really going to solve the problem, neither would barring a jury trial, because in reality our system will always be based on the law & our peers have proven over time it is still the best overall process.  Greater scrutiny of what is allowed to get past a filing stage & a stiffer penalty for filing something frivolous would certainly help.  Unfortunately, Obama & Congress are off to war with the other topic giants like healthcare, education & the overall economy.  Maybe next year!  http://www.walterolson.com/2006/02/slowing_the_recovery_too_many.html

Martin Alpert consults with leading institutions through GLG

Martin Alpert, Vice President, Environmental Claims

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Vice President, Environmental Claims, HINZ CLAIM MANAGEMENT INC

 
Analyses are solely the work of the authors and have not been edited or endorsed by GLG.